Malice aforetbongbt

In the definition of "murder," malice aforethought exists where the person doing the act which causes death has an intention to cause death or grievous bodily harm to any person, (whether the person is actually killed or not,) or to commit any felony whatever, or has the knowledge that the act will probably cause the death of or grievous bodily harm to some person, although he does not desire it. or even wishes that it may not be caused.

Steph. Crim. Dig. 144; 1 Russ. Crimes, 641.

The words "malice aforethought" loug ago acquired in law a settled meaning, somewhat different from the popular one. In their legal sense they do not import an actual intention to kill the deceased. The idea is not spite or malevolence to the deceased in particular, but evil design in general. the dictate of a wicked, depraved, and malignant heart; not premeditated personal hatred or revenge towards the person killed, but that kind of unlawful purpose which, if persevered in. must produce mischief.

State v. Pike, 49 N. H. 399, 6 Am. Rep. 533. And see Thiede v. Utah, 159 U. S. 510 , l6 Sup. Ct 62. 40 In Ed. 237; State v. Fiske, 63 Co.nn. 388, 28 Atl. 572; Nye v. People, 35 Mich. 19; People v. Borgetto, 99 Mich. 336, 58 N. W. 328; Darry v. People, 10 N. Y. 120; Alien v. U. S., 164 In S. 492, 17 Sun. Ct. 154, 41 L. Ed. 528; Kota v. People, 136 111. 655, 27 N. E. 53; Hogan v. State, 36 Wis. 242.